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There is a new phenomenon which has come to destroy and to be masig g’vul (enter the domain of an existing business). There are stores in the region who have already paid for their franchise from the king to be involved in usury, and now others are coming, some clandestinely and some openly, to buy rights from the king so that they too can lend with interest. In doing so, they have ignored the cherem (ban) that has always been in place within the Italian community on this matter. It is also pertinent that we do not follow the opinion of Rabbeinu Tam which says that it is enough for someone to be willing to take part in the local taxes in order to have the right to compete with local businesses (see Bava Batra 21b). Rather, we hold like Rashi that he must have been taking part in paying local taxes beforehand.
Therefore, these people will be punished for violating the local established rules of following Rashi on the question of hasagat g’vul and for violating the specific cherem in regard to establishments of usury. This is also included in the older cherem of Rabbeinu Gershom not to take away from another Jew’s franchise arrangement regarding the renting of houses, [as this is a similar type of financial construct, as applied to a different time and place]. This is all the more so if the original business paid money while being told they were receiving exclusive rights. The idea of equating the rules for the two different types of franchises was the ruling of my grandfather Rav Yehuda Mintz for the community of Padua.
I have also heard that this bad practice has begun to take place in the community of Orkaneilo, as well. Therefore I am telling them and anyone else who reads these words that whoever has acted in this way requires atonement for their past deeds, and if they will purposely act this way after reading my words, they are to be excommunicated.
If someone who is involved in these practices has reason to think that these rules do not apply in his case, he should go to a nearby beit din to ascertain what the Torah says on the matter. The one condition is that the rabbi should not be under the same government and that the owner of the first business should be present. Let the two present their arguments and follow the ruling they will receive.
P'ninat Mishpat (832)
Various Rabbis
303 - Back Pay for a Rabbi
304 - Hasagat G’vul Regarding with the Government
305 - Participation in the Expenses
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
